心理学家的专家诊断证据:纪律紧张和可接受性问题
1Barrister, Castan Chambers, Melbourne, Australia; Professor of Law and Professorial Fellow, Department of Psychiatry, Faculty of Medicine, Dentistry and Health Sciences, University of Melbourne; Honorary Professor of Forensic Medicine, Monash University.
Journal of law and medicine
|June 5, 2023
概括
心理学家可以在法庭上就诊断提供专家意见,但只有当他们的专业知识被逐案证明时. 最近的法律趋势有利于允许这种专家证词,平衡法院的需要和专业的专业知识.
科学领域:
- 法医心理学 法医心理学
- 法律心理学 法律心理学
- 心理专家的证词 心理专家的证词
背景情况:
- 关于心理学家在法律程序中可以提供专家意见的范围,存在长期的辩论.
- 一个关键的问题涉及心理诊断,经常引用精神疾病诊断和统计手册 (DSM) 和国际疾病分类 (ICD).
研究的目的:
- 审查关于心理学家在美国,英国和澳大利亚诊断的专家证词的具有里程碑意义的法律决定.
- 分析不断变化的法律环境和心理诊断证据的司法接受.
主要方法:
- 对重要的法庭裁决进行比较法律分析.
- 审查从20世纪60年代到2021年昆士兰上诉法院的裁决的判例法趋势.
主要成果:
- 最近的判例法表明,越来越多的趋势是允许心理学家在诊断上提供专家证据.
- 可接受性取决于证明特定的,与拟议诊断相关的具体专业知识.
结论:
- 这一趋势有利于允许心理学家提供专家诊断证据,并严格评估他们的专业知识.
- 法院越来越多地认识到心理专业知识在法律事务中的价值,只要它符合既定标准.
相关概念视频
Eyewitness Memory
138
Eyewitness memory refers to the recollection of events by someone who has directly witnessed them, often serving as critical evidence in legal settings. This type of memory is commonly used in criminal cases where a witness describes details like a suspect's appearance, clothing, or behavior during a crime. However, despite its perceived reliability, eyewitness memory is prone to significant errors.
One such error is memory distortion, which occurs because human memory does not function...
One such error is memory distortion, which occurs because human memory does not function...
138
False Memories
115
False memories represent a cognitive distortion in which individuals recall events that did not happen, or remember them in an altered form. This phenomenon highlights the brain's constructive nature in processing and recalling memories, emphasizing that memory is not a perfect representation of past events but rather a dynamic reconstruction influenced by various factors.
One primary source of false memories is misattribution, where individuals incorrectly associate external information...
One primary source of false memories is misattribution, where individuals incorrectly associate external information...
115
Theoretical Approaches to Psychological Disorder
262
The development of psychological disorders, which are characterized by deviant, maladaptive, and personally distressing behaviors, has been explored through several theoretical approaches.
Biological approach
The biological approach posits that internal, organic factors are the primary causes of such disorders. This perspective emphasizes brain structure and function, genetic predispositions, and neurotransmitter imbalances. For example, schizophrenia has been associated with both genetic...
Biological approach
The biological approach posits that internal, organic factors are the primary causes of such disorders. This perspective emphasizes brain structure and function, genetic predispositions, and neurotransmitter imbalances. For example, schizophrenia has been associated with both genetic...
262
Psychology as a Science
768
Psychology, as a scientific discipline, aims to understand the mind and behavior through rigorous and systematic methods. The foundation of psychological research is evidence-based, relying heavily on the scientific method to derive and validate knowledge. This structured approach ensures that findings are reliable, valid, and applicable to broader contexts.
The scientific method in psychology involves six critical steps: making observations, formulating hypotheses, conducting tests, analyzing...
The scientific method in psychology involves six critical steps: making observations, formulating hypotheses, conducting tests, analyzing...
768
The Scientific Method
59.6K
Research is what makes the difference between facts and opinions. Facts are observable realities, and opinions are personal judgments, conclusions, or attitudes that may or may not be accurate. In the scientific community, facts can be established only using evidence collected through empirical research.
59.6K
Contemporary Psychology
630
Psychology explores human behavior and mental processes through various lenses, each offering unique insights. This overview examines key subfields, including biopsychology, evolutionary, developmental, personality, and social psychology, highlighting their approaches and contributions to understanding complex human behaviors.
Biopsychology
Biopsychology, also known as biological psychology or behavioral neuroscience, focuses on the biological underpinnings of behavior and mental processes. It...
Biopsychology
Biopsychology, also known as biological psychology or behavioral neuroscience, focuses on the biological underpinnings of behavior and mental processes. It...
630


